Newtown man charged for Facebook abuse

Online abuse, or trolling, may now be punished under existing legislation, as a Sydney resident found out, and Ugur Nedim explains.

The digital age has given our generation a range of benefits. It is easier than ever to gather information and views about almost any topic, and of course, to find and communicate with people around the world.

But sadly, social media has also made it easier to harass, intimidate and threaten others from behind the safety of a computer screen. With the prevalence of online harassment and cyberbullying, we can see that more often than not, perpetrators escape any form of sanctions, let alone a criminal prosecution.

This is not always the case, however. And as 25-year-old Sydney man Zane Alchin recently discovered, harassing others through social media can have serious consequences.

Alchin appeared in Newtown Local Court earlier this week charged with “using a carriage service to menace, harass or offend.” The charge stems from a series of controversial and offensive comments posted from Alchin’s Facebook page earlier in the year about a young woman named Olivia Melville.

Ms Melville, a 23-year-old also from Sydney, made waves on social media after her Tinder profile was shared by another Tinder user, Chris hall. Her profile included the line from a song featuring the rapper Drake, “The type of girl that will suck you dry and then eat some lunch with you,” the line sparking controversy when Hall posted a screenshot of her Tinder profile to his Facebook account, triggering a barrage of abuse from other Facebook users, including Mr Alchin.

Mr Alchin allegedly posted several offensive comments including, “Your (sic) all fucking basic sluts” and “You know the best thing about a feminist they don’t get any action so when you rape them it feels 100 times tighter.”

Unsurprisingly, these comments caused outrage online, leading friends of Ms Melville to start a Facebook page called Sexual Violence Will Not Be Silenced, as well as commence a petition on change.org urging the NSW Parliament to take more action against online sexual harassment. An excerpt from the petition reads:

We urge you to ensure that appropriate laws exist, that police have proper training, and that appropriate resources are available and processes are in place so that people are safe from cyber harassment.

An investigation attached to Newtown Police Station resulted in the charge being laid against Mr Alchin earlier this week. He appeared at Newtown Local Court on Thursday, where his criminal lawyer indicated that his client is likely to enter a plea of guilty on the next court date. The case has been adjourned until December 8, 2015.

According to media reports, Chris Hall, who originally shared the screenshot of Ms Melville’s Tinder profile, has also been fired from his job for breaching his employer’s social media policy.

Laws relating to online abuse

The offence of “using carriage service to menace, harass or cause offence” is contained in section 474.17 of the Commonwealth Criminal Code, which states that:

A person is guilty of an offence if:

a) the person uses a carriage service; and

b) the person does so in a way (whether by the method of use or the content of a communication, or both) that reasonable persons would regard as being, in all the circumstances, menacing, harassing or offensive.

The law, therefore, imports an objective test. One which considers “the standards of morality, decency and propriety generally accepted by reasonable adults; and the literary, artistic or educational merit (if any) of the material” when deciding whether it is “offensive.”

The section covers telephone transmissions (including SMS), emails, posts on social media and on other internet pages.

It applies across Australia and attracts a maximum penalty of three years imprisonment.

Other cases

A number of technology-related laws, including the charge brought against Mr Alchin, were introduced by the Crimes Legislation Amendment (Telecommunications Offences and Other Measures) Act (No. 2) 2004.

However, some commentators suggest that the laws have not deterred internet users from engaging in online abuse, or “trolling.” Indeed, prosecutions are rarely brought against those who post offensive material online.

But this does not mean that everyone will escape prosecution. Rather, people are generally only prosecuted for very serious examples of the conduct.

In 2010, Queensland woman Jessica Cook pleaded guilty to the same offence after posting offensive comments and photographs on a Facebook tribute page dedicated to a murdered woman. She was handed a three-month suspended prison sentence and was banned from using social media sites for the same period of time.

As these cases illustrate, the courts are certainly willing to take a strong stance against online bullying and harassment – so before you speak your mind on social media, it may be a good idea to take a step back and think about the potential consequences.

Ugur Nedim is an Accredited Criminal Law Specialist and the Principal of Sydney Criminal Lawyers, a leading Sydney Law Firm that specialises in Criminal Law and Traffic cases. http://www.sydneycriminallawyers.com.au